IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT

NO. 10392, OTHERWISE KNOWN AS "AN ACT AMENDING

ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, OTHERWISE
KNOWN AS THE REVISED PENAL CODE, AS AMENDED"

Pursuant to Section 7 of Republic Act No. 10592 entitled as "An Act

Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, Otherwise Known As
The Revised Penal Code, As Amended,", the following Implementing Rules and
Regulations (IRR) are hereby promulgated:

RULE I
GENERAL PROVISIONS

Section 1. Title. — These Rules shall be referred to as the "Implementing

Rules and Regulations" of Republic Act No. 10592.

Section 2. Scope and Application. — These Rules shall apply to any prisoner,
whether under detention or convicted by final judgment, in a local jail,
rehabilitation or detention center or in a penal institution.

Section 3. Construction. — These Rules shall be construed liberally in favor of

a detained or convicted prisoner.

Section 4. Prospective Application. — Considering that these Rules provide

for new procedures and standards of behavior for the grant of good conduct time
allowance as provided in Section 4 of Rule V hereof and require the creation of a
Management, Screening and Evaluation Committee (MSEC) as provided in
Section 3 of the same Rule, the grant of good conduct time allowance under
Republic Act No. 10592 shall be prospective in application.

The grant of time allowance of study, teaching and mentoring and of special time
allowance for loyalty shall also be prospective in application as these privileges
are likewise subject to the management, screening and evaluation of the MSEC.

RULE II
OBJECTIVES

Section 1. Objectives. — The credit for preventive imprisonment, as well as the

increase in the time allowance granted for good conduct and exemplary services
rendered or for loyalty, seek to:
redeem and uplift valuable human material towards economic and social
usefulness;
level the field of opportunity by giving an increased time allowance to
motivate prisoners to pursue a productive and law-abiding life; and

implement the state policy of restorative and compassionate justice by

promoting the reformation and rehabilitation of prisoners, strengthening
their moral fiber and facilitating their successful reintegration into the
mainstream of society.
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 RULE III
DEFINITION OF TERMS

SECTION 1. Definition of Terms. — As used herein, the following terms shall

mean:

"Act" — shall refer to Act No. 3815, otherwise known as the Revised Penal
Code, as amended;

"Accused" — an offender who is under detention and against whom a

Criminal Complaint or Prosecutor's Information has been filed in a court of
law;

"BJMP" — Bureau of Jail Management and Penology;

"BUCOR" — Bureau of Corrections;

"Chief' — Chief of BJMP;

"Commitment Order" — a written order of a court of law or any other

competent authority committing a person to jail or prison for confinement;

"Convicted Prisoner" — a person who has undergone trial and who has
been convicted by final judgment by a court of law or tribunal, for the
felony or offense he committed;

"Correctional Facility"— a prison or jail;

"Counsel" — a lawyer tasked or requested to assist a detention prisoner in

explaining the provisions of Article 29 of the Revised Penal Code regarding
the benefit of credit for preventive imprisonment;

"Destierro" — a penalty in which a person shall not be permitted to enter

the place or places designated in the sentence, or within the radius therein
specified, which shall not be more than 250 and not less than 25 kilometers
from the place designated;

"Detainee" — an offender who is accused before a court of law or

competent authority who is under preventive imprisonment or temporarily
confined in jail or prison while undergoing investigation or trial or
awaiting final judgment;

I. "Detainee's Manifestation" — a written declaration of a detained

prisoner, with the assistance of a counsel, to abide by the same disciplinary
rules imposed upon a convicted prisoner for the purpose of availing the full
credit of the period of his preventive imprisonment;

m. "Detainee's Waiver" — a written declaration of a detained prisoner,

with the assistance of a counsel, stating his refusal to abide by the same
disciplinary rules imposed upon a prisoner convicted by final judgment

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 and thus shall be entitled to a credit of four-fifths (4/5) of the time during
his preventive imprisonment;

"Director" — Director of the BUCOR;

"Felony"— an act or omission defined and penalized under the provisions

of the Revised Penal Code, as amended;

"Good Conduct" — refers to the conspicuous and satisfactory behavior of

a detention or convicted prisoner consisting of active involvement in
rehabilitation programs, productive participation in authorized work
activities or accomplishment of exemplary deeds coupled with faithful
obedience to all prison/jail rules and regulations;

"Good Conduct Time Allowance" (GCTA) — a privilege granted to a

prisoner, whether detained or convicted by final judgment, entitling him to
a reduction of his jail or prison term for every month of actual detention or
service of sentence as a reward for goad conduct and exemplary behavior;

"Habitual Delinquent" — a person who, within a period of ten (to) years

from the date of release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa, and
falsification, is found guilty of any of said crimes a third time or oftener;

"Jail" — a detention or correctional facility managed by the BJMP or the

local government unit mandated by law to safekeep and rehabilitate a
prisoner who is under preventive imprisonment or who is sentenced to not
more than three (3) years of imprisonment by order of a court of law or
competent authority;

"Offense" — a criminal act defined and penalized by special laws;

"Operations Manual" — also referred to as "Manual of Operations", a

document of all pertinent issuances and laws which deal with the
administration and management of jail or prison and the treatment and
discipline of a prisoner in a detention or correctional facility;

"Preventive Imprisonment" — is a temporary confinement in jail or

prison while undergoing investigation or trial or awaiting final judgment;

"Prison" — any correctional facility managed by the BUCOR to safekeep

and rehabilitate a prisoner convicted by final judgment, whose sentence
exceeds three (3) years, or who is sentenced to serve two (2) or more prison
terms and whose aggregated sentences exceed three (3) years;

"Proper Authority"— shall refer either to:

i. The Secretary of the Department of Justice (for the BUCOR), or

The Secretary of the Department of the Interior and Local Government

(for the BJMP), or

The Provincial Governor (for the Provincial Jails).

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 "Recidivist" — a person who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same tide of the Revised Penal Code, as amended.

"Special Time Allowance for Loyalty" (STAL) — a privilege granted

to a prisoner, whether detained or convicted by final judgment, who has
evaded preventive imprisonment or service of sentence under the
circumstances cited in Article 158 of the Revised Penal Code, as amended,
and surrendered to the authorities within forty-eight (48) hours following
the proclamation announcing the passing away of the calamity or
catastrophe referred to in the said article in the form of a deduction of one-
fifth (1/5) from his preventive imprisonment or service of sentence or a
deduction of two-fifth (2/5) if the prisoner opted to stay in jail or prison
during the calamity;

aa. "Time Allowance for Study, Teaching and Mentoring" (TASTM)

— a privilege granted to a prisoner, whether detained or convicted by final
judgment, as a reward for having earned a post-graduate degree or college
degree, a certificate of completion of a vocational or technical skills or
values development course, a high school or elementary diploma or to one
serving his fellow prisoner as teacher or mentor while incarcerated,
equivalent to a deduction of a maximum of fifteen (15) days for every
month of study or mentoring services; and

ab. "Warden"— the head of the district, municipal and city jails under the
BJMP or of the provincial and sub-provincial jails under the Office of the
Provincial Governor.

RULE IV
THE BENEFITS OF CREDIT FOR PREVENTIVE IMPRISONMENT
(CPI)

Section 1. Duty to Worm Detainees of the Credit for Preventive

Imprisonment. — It shall be the duty of the Chief of the BJMP, Jail Warden or
Director of the BUCOR having custody of the detention prisoner to inform him
that the period of his preventive imprisonment shall he deducted from the term
of his imprisonment in accordance with Article 29 of the Revised Penal Code, as
amended.

Section 2. Who are Entitled. — An accused who has undergone preventive

imprisonment shall be credited, either full or four-fifths (4/5) term, for his actual
detention or service of his sentence, provided he is not disqualified under Article
29 of the Revised Penal Code, as amended, and under the following section.

Section 3. Who are Disqualified. — The grant of credit for preventive

imprisonment shall not apply to the following:

a. An accused who is a recidivist as defined under Article 14 (9), Chapter III,

Book I of the Revised Penal Code;

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 An accused who has been convicted previously twice or more times of any
crime; and

An accused who, upon being summoned for the execution of his sentence,
has failed to surrender voluntarily before a court of law.

Section 4. Effect of Detainee's Manifestation. — An accused who has

undergone preventive imprisonment shall be credited with the full time during
which he has undergone preventive imprisonment if:

He agrees voluntarily, in writing, to abide by the same disciplinary rules

imposed upon convicted prisoners; and

Such undertaking is executed with the assistance of a counsel.

Section 5. Effect of Detainee's Waiver. — An accused who has undergone

preventive imprisonment and who does not agree to abide by the same
disciplinary rules imposed upon prisoners convicted by final judgment shall be
credited in the service of his sentence with four-fifths (4/5) of the time during
which he has undergone preventive imprisonment if:

He shall do so in writing; and

With the assistance of counsel.

Section 6. Provisional Release While Under Preventive

Imprisonment. —

a. Whenever an accused has undergone preventive imprisonment for a period

equal to the imposable maximum imprisonment of the offense charged to
which he may be sentenced and his case is not yet decided, he shall be
released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review, except for
the following:

Recidivist

Habitual Delinquent

Escapee

Person charged with heinous crimes

b. If the maximum penalty to which the accused may be sentenced is

destierro, he shall be released after thirty (30) days of preventive
imprisonment.

The computation of preventive imprisonment for purposes of immediate release

shall be the actual period of detention with good conduct time allowance:
provided, however, that if the accused is absent without justifiable cause at any
stage of the trial, the court may motu propio order the re-arrest of the accused.

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Section 7. GCTA of an Accused Qualified for CPI. — An accused who is
qualified for credit for preventive imprisonment shall also be qualified to avail of
the benefit of good conduct time allowance provided for under Article 97 of the
Revised Penal Code, as amended, and pursuant to the procedures laid down in
Rule V hereof.

Section 8. Deduction for Credit for Preventive Imprisonment when

Imposable Penalty is Reclusion Perpetua. — Credit for preventive
imprisonment for the penalty of reclusion perpetua shall be deducted from thirty
(30) years.

RULE V
GOOD CONDUCT TIME ALLOWANCE
(GCTA)

Section 4. Who are Entitled. — The good conduct of the following shall entitle
them to the deductions described in Section 2 hereunder from their sentence as
good conduct time allowance (GCTA) pursuant to Article 29 of the Revised Penal
Code, as amended, and to Sections 2 to 8 hereof:

A detention prisoner qualified for credit for preventive imprisonment for

his good conduct and exemplary behavior; and

A prisoner convicted by final judgment in any penal institution,

rehabilitation or detention center or any other local jail for his good
conduct and exemplary behavior.

Section 2. Deductible Good Conduct Time Allowance. — A qualified

prisoner, whether detained or convicted by final judgment, shall be entitled to the
following deductions from his sentence fqr good conduct:

During the first two years of imprisonment, he shall be allowed a deduction

of twenty days for each month of good behavior during detention;

During the third to the fifth year, inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three days for each month of good
behavior during detention;

During the following years until the tenth year, inclusive, of his
imprisonment he shall be allowed a deduction of twenty-five days for each
month of good behavior during detention; and
During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention.

Section 3. Management, Screening and Evaluation Committee

(MSEC). —

a. The Director of the BUCOR, Chief of the BJMP and Wardens of various
provinces, cities, districts and municipalities are mandated to assess,
evaluate and grant time deduction to a deserving prisoner, whether

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 detained or convicted by final judgment, in the form of GCTA, STAL and
TASTM as prescribed by these Rules through the creation of the MSEC.

c. The composition of the MSEC shall be determined by the Director of the

BUCOR, Chief of the BJMP or Wardens of Provincial and Sub-Provincial,
District, City and Municipal Jails, respectively. Membership shall not be
less than five (5) and shall include a Probation and Parole Officer, and if
available, a psychologist and a social worker.

d. The MSEC shall prepare minutes of every meeting to record each

proceeding.

Section .4. Procedures for the Grant of Good Conduct Time

Allowance. — The following procedures shall be followed in the grant of GCTA:

a. The BUCOR, BJMP and Provincial Jails shall give special considerations to
satisfactory behavior of a detention or convicted prisoner consisting of
active involvement in rehabilitation programs, productive participation in
authorized work activities or accomplishment of exemplary deeds. It is
understood that in all instances, the detained or convicted prisoner must
faithfully obey all prison/jail rules and regulations; •

b. The BUCOR, BJMP and Provincial Jails shall each create the MSEC or such
appropriate number of MSEC,s tasked to manage, screen and evaluate the
behavior or conduct of a detention or convicted prisoner;

c. After due consideration of the behavior or conduct shown by a detained or

convicted prisoner, the MSEC shall then recommend to the appropriate
official the appropriate GCTA that may be credited in favor of said prisoner
ranging from the minimum of the allowable credit to the maximum credit
thereof;

d. Acting on the recommendation of the MSEC, the appropriate official

named in Section 1 of Rule VIII hereof shall either:

Approve the recommendation and issue a certification granting

GCTA to the prisoner for the particular period;

Disapprove the recommendation lithe prisoner recommended is

not qualified to be granted the benefit or that errors or irregularities
attended the evaluation of the prisoner; or

Return the recommendation, without action, for corrections as

regards the name, prison number or other clerical or inadvertent
errors, or for the further evaluation of the conduct or behavior of the
prisoner concerned.

e. The appropriate official concerned shall ensure that GCTAs are processed
each month and that there is proper recording of a prisoner's good
behavior in the jail or prison records.

Section 5. Computer Template and Manual. — The BUCOR, BJMP and

Provincial Jails shall design and use a computer-generated or automated

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template to monitor the progress of detainees or prisoners convicted by final
judgment capable of incorporating time allowances that may be granted to each
of them. In addition, a written computation table or manual of preventive
imprisonment or service of sentence incorporating time allowances shall be
prepared and used as the primary official reference by the BUCOR, BJMP and
Provincial Jails.

Section 6. Time Allowance for Study, Teaching and Mentoring

(TASTM). — At any time during the period of imprisonment, an accused or
prisoner convicted by final judgment shall be allowed, in addition to the benefits
provided for under Section 2, Rule V, another deduction of fifteen (is) days,
for each month of his time rendered for —

Study;

Teaching; or

C. Mentoring service.

Section 7. Procedures for the Grant of TASTM. —

The BUCOR, BJMP and Provincial Jails shall each keep a master list of
detainees or prisoners convicted- by final judgment, who have been
allowed, subject to their respective jail or prison rules, to study, teach or
perform mentoring activities within their respective detention or prison
facility;

The MSEC shall be tasked to monitor and certify whether said prisoner, for
the period covered, has actually studied, taught or performed mentoring
duties;

If the prisoner is qualified, the MSEC shall recommend to the concerned

officials the grant of TASTM who shall approve the same by issuing a
corresponding certification.

Section 8. Effect When Case of an Accused is on Appeal. — An appeal by

the accused shall not deprive him of his entitlement to the time allowances.

RULE VI
SPECIAL TIME ALLOWANCE FOR LOYALTY
(STAL)

Section 1. Special Time Allowance for Loyalty. —

a. A deduction of one-fifth (1/5) of the period of his sentence shall be

granted to any prisoner who, having evaded his preventive imprisonment
or the service of his sentence under the circumstances mentioned in Article
158 of the Revised Penal Code, gives himself up to the authorities within
forty-eight (48) hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe referred to in said article.
 b. A deduction of two-alw (2/5) of the period of his sentence shall be
granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of the Revised Penal Code.

Provided, that he has not committed other offense or any act in violation of the
law or the Act.

RULE VII
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Section 1. Partial Extinction of Criminal Liability. — Criminal liability is

extinguished partially:

By conditional pardon;

By commutation of sentence; and

For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving sentence.

RULE VIII
OFFICIALS AUTHORIZED TO GRANT TIME ALLOWANCES

Section .1. Who Grants Time Allowances. — Whenever lawfully justified,

the following officials shall grant allowances for good conduct:

Director of the Bureau of Corrections;

Chief of the Bureau of Jail Management and Penology; and/or

Warden of a Provincial, District, City or Municipal Jail.

Section 2. Irrevocability of Time Allowances. — Allowances such as

GCTA, TASTM and STAL, once granted by the authorized official, shall not be
revoked.

RULE IX
OPERATIONS MANUAL

Section i. Manual. — The BUCOR, the BJMP and the Provincial Jails shall
provide and each have their own new manual to guide them in the effective
implementation and carry out the mandate of Republic Act No. 10592 and these
Rules.

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 RULE X
FINAL PROVISIONS

Section 1. Penal Clause. — Faithful compliance with the provisions of

Republic Act No. 10592 and these Rules is mandated. The penally of one (1) year
imprisonment, a fine of One Hundred Thousand Pesos (Pio°, 000.00) and
perpetual disqualification to hold office shall be imposed against any public
officer or employee who violates the provisions of this Rule.

Section 2. Separability Clause. — If any provision of these Rules shall be

declared invalid or unconstitutional, the remaining provisions not otherwise
affected shall remain valid and subsisting.

Section 3. Repealing Clause. — All policies, issuances, rules and regulations

inconsistent with these Rules are hereby modified or repealed accordingly.

Section .4. Filfectivity Clause. — These Rules shall take effect fifteen (15) days
after the date of its publication in a newspaper of general circulation in the
Philippines.

Done this 26th of March 2019 at Quezon City, Philippines.

Ron. M. DE IMA
Secretary of Justice ''','"1014377's #11)
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Ho . MANUEL ROXAS II
Secretary f Interior and cal Government
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